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Labour Relations Act, 1995 (Act No. 66 of 1995)


Building Industry Bargaining Council (Cape of Good Hope)

Re-enactment and Amendment of Main Collective Agreement

6. Registration of Employers



(1) Every employer in the Industry to whom this Agreement applies shall register with the council within 14 (fourteen) days of operating within the scope of this agreement.


(a) An employer shall register with the Council by furnishing the required particulars to the Council on the prescribed form and shall warrant thereon that application has been made for registration with the South African Revenue Services for employee tax and value-added tax (if applicable), registration with the Unemployment Insurance Fund and registration under the Compensation for Occupational Injuries and Diseases Act.
(b) The Council may refuse to register any person or legal entity as an employer if such employer or entity consists of substantially the same person or persons as a previously registered person or entity and there remains a debt due to the Council by the previously registered person or entity. Where the Council agrees to such a registration, the registration shall be subject to that person providing a wage guarantee equal to not less than 10 general workers employment for three months.


(3) Every employer shall notify the Council in writing of any change in the particulars furnished on registration or of ceasing operations in the Industry within 14 days of such change or of ceasing operations.


(4) A certificate of registration signed by either the Chairman or the Secretary of the Council shall be issued to each employer registered.


(5) An employer who does not pay to the Council the levies and contributions payable by him and his employees each week within the period determined by the Council as defined in Clause 4 shall pay interest to the Council at the prime bank rate charged by the Council's bank plus 2%, calculated from the due date of payment.


(6) An employer shall keep employee records as prescribed by Chapter 4 of the Basic Conditions of Employment Act, 1997, and clauses 10 and 12 of this Agreement.


(7) The Council shall keep a register of registered and compliant employers and registered and not compliant employers which shall be generally made known and be available to other employers on request.


(8) A newly registered employer shall be entitled to receive from the Council free orientation training on employment legislation, this Agreement and the preparation of wage records.